Markku Suksi

Autonomy arrangements have gradually become more numerous, & different developments in respect of autonomy can be discerned in the fields of international & domestic law. The patterns of autonomy are quite disparate, but because various fields of law treat autonomy in different ways, it is fruitful to inquire into the applications of autonomy & to ask what autonomy as such implies. Autonomy is a multi-faceted phenomenon which on the one hand contains the issue of devolution or decentralization of law-making or other normative powers in the institutional fabric of the country without any minority protection component; on the other hand it may in addition contain an explicit minority protection component designed to offer special protection to minority groups in society. Especially in the latter sense, the issue of effective participation of a minority in the government is an important issue, & in this respect, there is a connection between autonomy & a general understanding of democracy.

Applications and Implications

Autonomy

This study focuses on territorial autonomy, which is often used in different conflict-resolution and minority situations. Four typical elements are identified on the basis of the historical example of the Memel Territory and the so-called Memel case of the PCIJ; distribution of powers, participation through elections and referendums, executive power of territorial autonomy, and international relations. These elements are used for a comparative analysis of the constitutional law that regulates the position of six currently existing special jurisdictions, the Åland Islands in Finalnd, Scotland in the United Kingdom, Puerto Rico in the United States of America, Hong Kong in China, Aceh in Indonesia and Zanzibar in Tanzania. The current sub-state entities examined can be arranged in relation to Memel in a manner that indicates that Hong Kong and the Åland conform to the typical territorial autonomy, while Puerto Rico and Aceh should probably not be understood as territorial autonomies proper. At the same time, the territorial autonomies can be distinguished from federally organized sub-state entities.

A Comparative Study in Constitutional Law of Powers, Procedures and Institutions

Sub-State Governance through Territorial Autonomy

This book analyses a middle position between single enumerations in a regular federal-like and a regular autonomy-like distribution of legislative powers by examining constitutional legislation in three countries (Canada, Denmark and Finland) that have established separate enumerations for the national level and the sub-state level. The sub-state level consists of provinces in Canada, the Faroe Islands in Denmark and the Åland Islands in Finland. The book provides interpretations of the competence line based on double enumeration between the national parliament and the sub-state entities, where relevant, on the basis of the travaux preparatoires of the fundamental norms on which the arrangements are based, judicial or quasi-judicial resolutions of competence problems, and relevant doctrine and literature.

A Comparison between Canada, Denmark and Finland

Double Enumeration of Legislative Powers in a Sub-State Context

Sia Spiliopoulou Åkermark

Tove H. Malloy

Maria Ackrén

Lise Lyck

Kári á Rógvi

Gunilla Herolf

Sarah Stephan

The Nordic Region has enjoyed two centuries of peaceful co-existence that are worth highlighting and learning from. As a result, the Nordic autonomous regions have attracted considerable attention in recent years. There is significant international interest in their experiences, including their experience of territorial autonomy. In a world that appears increasingly troubling, the autonomy of the Faroe Islands, Greenland, and Åland is worth studying from the perspective of conflict resolution. It seems important to examine the marked development that these autonomous regions have undergone and the success they have had in finding solutions to the conflicts that have arisen – not just from a Nordic perspective, but also from a wider international point of view. The conclusions of a comparative study of the autonomous regions’ legal, economic, and security policy developments are presented here. The complete study can be ordered from The Åland Islands Peace Institute at www.peace.ax

the Faroe Islands, Greenland and the Åland Islands

The Nordic Self-Governing Areas in a Peace Perspective

Markku Suksi

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